FWPCAFederal Water Pollution Control Act
FWPCAFederal Water Pollution Control Administration
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To understand the delegation to localities of the implementation of pretreatment standards, one must understand also that the main impact of the FWPCA has not been through uniform national water quality standards, but rather through the Municipal Wastewater Treatment grant program.
Congress amended the FWPCA in 1972 to adopt a comprehensive national scheme of water pollution control.
Despite the original FWPCA and amendments following the Act's passage, water quality remained well below applicable standards, and enforcement of the standards was nearly nonexistent.
The first statute that the federal prosecutors can use is the Clean Water Act (FWPCA).
(25) In 1966, the FWPCA inventoried the industrial pollution sources and identified forty-one permitted industrial dischargers, ranging from the overflowing septic systems to the "three 'giants' of the steel industry." LAKE ERIE PROGRAM OFFICE, GREAT LAKES-ILLINOIS RIVER BASINS PROJECT, FED.
(47) Although the 1987 amendments to the FWPCA did order the states to assess their NPS water pollution problems and develop management plans to address the problems that were identified, the enacted provisions were permissive in that states were given substantial latitude to determine how the assessments and management plans were to be developed and implemented.
As indicated in the Senate Report on the Federal Water Pollution Control Act Amendments of 1972 (7) ("FWPCA"), "[t]he Committee intends the great volume of enforcement actions to be brought by the State" and that citizen suits are proper only "if the Federal, State, and local agencies fail to exercise their enforcement responsibility." (8) Further, citizen suits are to "ignite agency enforcement" and to act as an "alternative enforcement mechanism absent agency enforcement." (9) Thus, a citizen suit is not authorized unless the state has failed or declined to take action or has not "diligently prosecuted" a claim after receipt of the 60-day notice.
With the passage of the Federal Water Pollution Control Act (FWPCA) in 1972, the practical hope that effluent fees would be applied faded considerably.
Prior to the enactment of OPA, Congress passed three important Acts to supplement section 311 of the FWPCA: the Trans-Alaska Pipeline Authorization Act of 1973 (TAPAA),(15) the Deepwater Port Act of 1974 (DWPA),(16) and the Outer Continental Shelf Lands Act Amendments of 1978 (OCLSA).(17)
A major piece of legislation for wetlands protection came in 1972 as amendments to the Federal Water Pollution Control Act (FWPCA) of 1948.